Road blocks-they're not just for DWI arrests any more. Read this article from Seacoast Online about police activities in the seacoast area-blocking roads to check motorcycles for noise, among other things:
www.seacoastonline.com/articles/20100727-NEWS-7270385
Do "all motorcyclists appreciate" these new roadblocks like the police say in this article? What do you think? A quick reading of Delaware v. Prouse and City of Indiannapolis v. Edmonds would see seem to indicate that this type of roadblock is unconstitutional, but we'll have to wait until some one doesn't appreciate the roadblock to find out.
Know your rights and exercise them.
Mark Stevens
http://www.ByeByeDWI.com
Tuesday, July 27, 2010
Thursday, July 15, 2010
State of New Jersey v. Marquez: Important Implied Consent Law Decision Issued July 12, 2010
DWI laws, implied consent laws. The New Jersey Supreme Court was faced with the question of first impression as to whether, under their state's "implied consent law", the law requires a police officer to inform drivers of the consequences of refusing to consent to a breath test in a language that the driver speaks or understands. In State v. German Marquez, a non-English speaking driver was arrested for DWI and read a complex, eleven paragraph statement in English that described the myriad legal consequences of his decision whether to take a breath test or to decline one. On July 12, 2010, the Court vacated the portion of Marquez' sentence that was based on his declination of the breath test, ruling that the plain meaning of the statutory requirement that a driver be informed of his rights and potential consequences under the implied consent law requires that the advisories must be given in a language that the driver speaks or understands.
Know your rights and exercise them.
Mark Stevens
Visit: ByeByeDwi.com
Know your rights and exercise them.
Mark Stevens
Visit: ByeByeDwi.com
Friday, July 2, 2010
New Hampshire Boating While Intoxicated
Visit: ByeByeDwi.com
“Operation Dry Water,” is a federally funded program where police are fishing for boating while intoxicated (BWI) arrests on the water. Be careful while boating, New Hampshire laws regarding boating while intoxicated convictions entail the same severe consequences that a New Hampshire DWI conviction can bring. Not only could you potentially lose your boating license, but your driver’s license too!
Just like when you are stopped on the road in your car for suspected drinking and driving, you also have rights while boating in New Hampshire. Know your rights, and know what to do if you are stopped by police while boating. If you have been arrested for boating while intoxicated, "aggravated boating while intoxicated" or "boating under the influence" in New Hampshire, call today at 1-603-893-0074 for a free initial consultation and case evaluation. We look forward to speaking with you.
Have a safe weekend,
Mark Stevens
Visit: ByeByeDwi.com
“Operation Dry Water,” is a federally funded program where police are fishing for boating while intoxicated (BWI) arrests on the water. Be careful while boating, New Hampshire laws regarding boating while intoxicated convictions entail the same severe consequences that a New Hampshire DWI conviction can bring. Not only could you potentially lose your boating license, but your driver’s license too!
Just like when you are stopped on the road in your car for suspected drinking and driving, you also have rights while boating in New Hampshire. Know your rights, and know what to do if you are stopped by police while boating. If you have been arrested for boating while intoxicated, "aggravated boating while intoxicated" or "boating under the influence" in New Hampshire, call today at 1-603-893-0074 for a free initial consultation and case evaluation. We look forward to speaking with you.
Have a safe weekend,
Mark Stevens
Visit: ByeByeDwi.com
Happy Fourth of July Weekend
New Hampshire DWI laws. Happy Fourth of July! This a great weekend and the weather is supposed to be good in New Hampshire and Massachusetts all three days of this long weekend. You should be aware that there are enhanced police activities during this weekend, including DWI roadblocks and "DWI saturation patrols", which are officers turned loose with a directive to make DWI arrests that are paid for by federal grants. If they don't make enough arrests, they may not get a grant the next time federal money is being doled out. So be carfeul this weekend. In an effort to reduce your chances of being pulled over and hassled, (whether you have been drinking or not) remember a few of these tips:
1.Make Sure Your Inspection Stickers and Registrations Are Valid
Especially during this high-traffic weekend, make sure your inspection sticker and registration are valid and up to date. Police will immediately pull you over if they notice your sticker is expired, and if there’s a chance that you have been drinking, the consequence could be much more severe. The penalty for a motor vehicle code is usually around $60, but if the police smell alcohol, there’s a good chance that you may end up arrested. Save the hassle and avoid it all, have your stickers up to date!
2.Make Sure Your Plate Lights and Other Lights Work
Every day when the sun starts to set, it is important to have your headlights on to avoid any accidents with other vehicles. This weekend especially, make sure to check that all of your lights on your car aren’t in need of a new bulb, and are correctly functioning. If the police notice your car driving in the dark with no lights on, there’s another immediate reason to pull you over. Police will sometimes assume that you forgot to turn them on due to being drunk. They will use any reason they can to land a DWI on you. Avoid this at all costs by checking your lights!
Remember two of these important tips and you’ve already got a head start for the holiday weekend.
Have a safe weekend,
Mark Stevens
Visit: ByeByeDwi.com
1.Make Sure Your Inspection Stickers and Registrations Are Valid
Especially during this high-traffic weekend, make sure your inspection sticker and registration are valid and up to date. Police will immediately pull you over if they notice your sticker is expired, and if there’s a chance that you have been drinking, the consequence could be much more severe. The penalty for a motor vehicle code is usually around $60, but if the police smell alcohol, there’s a good chance that you may end up arrested. Save the hassle and avoid it all, have your stickers up to date!
2.Make Sure Your Plate Lights and Other Lights Work
Every day when the sun starts to set, it is important to have your headlights on to avoid any accidents with other vehicles. This weekend especially, make sure to check that all of your lights on your car aren’t in need of a new bulb, and are correctly functioning. If the police notice your car driving in the dark with no lights on, there’s another immediate reason to pull you over. Police will sometimes assume that you forgot to turn them on due to being drunk. They will use any reason they can to land a DWI on you. Avoid this at all costs by checking your lights!
Remember two of these important tips and you’ve already got a head start for the holiday weekend.
Have a safe weekend,
Mark Stevens
Visit: ByeByeDwi.com
What's Happened to Our Miranda Rights? by New Hampshire DWI Lawyer Mark Stevens
What has happened to your Miranda rights? Do they still matter, or have they been reduced to a meaningless ritual? New Hampshire DWI and criminal defense lawyer Mark Stevens and Massachusetts OUI and criminal defense lawyer Jay Milligan are guests of Attorney Kendra Cooper on this episode of Q & A. The topic is the current state of a citizen's Miranda rights, and what constitutes a waiver of Miranda rights, in light of the United States Supreme Court's landmark decision in Berghuis v. Thompkins on June 1, 2010. A discussion of the Thompkins case and how it may affect future criminal cases in New Hampshire and Massachusetts under federal constitutional analysis. Here is a link to the video which is now up on YouTube:
Visit: Visit: www.youtube.com/watch?v=_qHIYOPIzQw
If you've been accused of DWI or any other crime in New Hampshire please feel free to call me at 1-603-893-0074 for a free consultation about your case.
Attorney Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
Visit: ByeByeDwi.com
For Maryland DUI attorneys, see maryland-dui-lawyers.com
Visit: maryland-dui-lawyers
Visit: Visit: www.youtube.com/watch?v=_qHIYOPIzQw
If you've been accused of DWI or any other crime in New Hampshire please feel free to call me at 1-603-893-0074 for a free consultation about your case.
Attorney Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
Visit: ByeByeDwi.com
For Maryland DUI attorneys, see maryland-dui-lawyers.com
Visit: maryland-dui-lawyers
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